Champ International Sales Pty Ltd v Che Shing Co Pty Ltd

This decision concerns an application for trade mark registration by Champ International Sales Pty Ltd (the applicant) and opposition by Che Shing Co Pty Ltd (the opponent). The matter came before Debrett Lyons, a Hearing Officer of the Trade Marks Hearings, on 25 January 2011.

The primary legal issue before the Hearing Officer was to determine whether the grounds of opposition raised by Che Shing Co Pty Ltd against Champ International Sales Pty Ltd's trade mark application had been established, and consequently, whether the trade mark should be registered.

The Hearing Officer found that the opponent had been unsuccessful in establishing any of the grounds of opposition pressed. Applying section 55 of the Act, which mandates the Registrar to decide on registration having regard to the extent to which grounds of opposition have been established, the Hearing Officer directed that the trade mark application could proceed to registration in respect of the specified services, namely the retailing of car accessories, car audio and car visual equipment, and spares. The Hearing Officer also included a direction that registration would be stayed pending any appeal and would be subject to the Court's direction. As the applicant was the successful party, costs were awarded against the opponent.